The State of Louisiana has enacted minor in possession (MIP) laws to discourage underage minors from consuming or possessing alcoholic beverages in public. Public possession is defined as alcoholic beverage consumption in any place that is open to the public, including streets and highways.
It is against the law in Louisiana for any person under the age of 21 to publicly possess or purchase any type of alcoholic beverage. Anyone who violates this law will be penalized as follows:
The Department of Public Safety and Corrections may issue you a restricted driver’s license if both of the following apply:
The court will determine what type of restrictions that will be placed upon the offender’s license.
Public possession does not include consumption or possession of an alcoholic beverage:
Louisiana Revised Statutes Section 14:93.12, Louisiana Revised Statutes Section 14:93.10
Any person under the age of 21 who is found with a blood alcohol concentration (BAC) of .02% or more is presumed to be under the influence of an alcoholic beverage. The penalties for an underage driving under the influence conviction are outlined below:
The court can choose to suspend the required jail time under the following conditions:
Offenders who are ordered to participate in a substance abuse program will be required to pay the cost of the program and failure to do so will result in their probation being revoked.
Louisiana Revised Statute Section 32:662, Louisiana Revised Statute Section 14:98.1
It is against the law for any person, other than a spouse, parent, or legal guardian to purchase an alcoholic beverage for a person who is under 21 years of age. Anyone who violates this law will be subject to the following penalties:
First time offenders may be eligible for a restricted driver’s license. They must prove to the court the suspension of driving pri8vileges would deprive his family of the necessities of life or prevent him from earning a living.
Louisiana Revised Statutes Section 14:93.13
It is illegal for anyone to sell or deliver an alcoholic beverage to a person under 21 unless the person is an owner or employee of a licensed establishment and is accepting delivery during the normal course of employment. Anyone who violates this law will be penalized as follows:
The judge can choose to sentence you to either or both of the above penalties.
Louisiana Revised Statutes Section 14:93.11
To learn more about the MIP laws, read Title 14, Criminal Law of the Louisiana Revised Statutes . If you are facing MIP charges in Louisiana, contact a criminal defense lawyer for legal advice.